It was reported on by Law360.com. Below are a few excerpts from their article.>
“Koyono in May moved for a preliminary injunction against Seven (7 for all Mankind), arguing that its competitor’s “use of Koyono’s Slimmy mark is likely to cause confusion, mistake and deception among the general public and consumers of fashion.”
“However, U.S. District Judge Thomas M. Rose ruled in August that customers would not be likely to confuse Seven’s line of jeans with Koyono’s line of wallets, denying the plaintiff’s bid for an injunction.”
“…because Koyono and Seven sell their products within the same channels of trade — including online retailer Amazon.com, where a search for the word “Slimmy” brings up both company’s products — the ‘market channels’ factor weighed in Koyono’s favor, the company said.”
“Finally, the district court’s determination that Seven diminished the possibility of consumer confusion by including its own proprietary house trademark on its Slimmy products flew in the face of the Therma-Scan ruling, which held that a company that used its own trademark in conjunction with the disputed mark did not eliminate the similarity between the disputed marks.”
7 for All Mankind continues to use our Slimmy® trademark without our permission.
Koyono is represented by Walters and Wasylyna, LLC.